Common use of SUBSTITUTED PREMISES Clause in Contracts

SUBSTITUTED PREMISES. Landlord may relocate Tenant to any other space in the Complex at any time during the term of this Lease provided that: (i) Landlord provides Tenant with prior written notice thereof ("Relocation Notice") at least thirty (30) days in advance; and (ii) the square footage of space to which Tenant is relocated ("Relocation Premises") equals or exceeds the square footage of the Premises. In the event that Landlord delivers a Relocation Notice to Tenant, Tenant shall deliver to Landlord within two (2) business days of receipt thereof written notice ("Confirmation Notice") to Landlord confirming Tenant's receipt of the Relocation Notice and acknowledging the relocation of the Premises to the Relocation Premises. In the event that Landlord exercises its right to move Tenant to a Relocation Premises, Landlord shall, at Landlord's sole cost and expense, (a) construct tenant improvements in the Relocation Premises which are substantially similar to the configuration of the tenant improvements in the Premises, taking any differences in configuration between the Premises and Relocation Premises into account; and (b) move Tenant's inventory, furniture and personal property to the Relocation Premises. Tenant shall provide Landlord with the current inventory or printing which is to be replaced. All printing to be done by a printer chosen by Bayshore Corporate Center. During the period of time commencing upon Tenant's receipt of the Relocation Notice and ending upon Tenant's receipt of the Completion Notice (as defined below), Tenant shall continue to conduct its business in the Premises to the maximum extent possible. In no event shall Tenant be entitled to, and Tenant hereby waives, any claim for abatement of Rent, loss of profits or any other amount due to Landlord's relocation of Tenant to the Relocation Premises.

Appears in 4 contracts

Samples: Lease (Avantgo Inc), Office Lease (Avantgo Inc), Lease (Avantgo Inc)

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SUBSTITUTED PREMISES. Landlord may relocate If the Leased Premises contain less than 8,000 square feet of Rentable Area, then after sixty (60) days' prior written notice to Tenant to any other space in the Complex at any time during the term Term, Landlord may require Tenant to move from the Leased Premises to other space of comparable size in the Complex, which for purposes hereof shall mean space that contains up to twenty-five percent (25%) more or up to ten percent (10%) less Rentable Area than the Rentable Area in the Leased Premises (the "Substituted Premises"). Landlord may not relocate Tenant more than one time during the Term. If Tenant is relocated to the Substituted Premises under this section, Landlord agrees to pay all reasonable expenses of Tenant incidental to Tenant's relocation to the Substituted Premises (including, without limitation moving costs, installation of telephone, cabling, wiring and electronic services, and stationery, but excluding, without limitation, any loss of business or profits) and that Landlord shall improve the Substituted Premises for Tenant's use and occupancy to a superior quality as the Leased Premises occupied by Tenant prior to such relocation exclusive of Tenant's trade fixtures, furniture and other personal property. Landlord and Tenant shall enter into an amendment of this Lease provided that: (i) Landlord provides Tenant with prior written notice thereof ("Relocation Notice") at least thirty (30) days to reflect the changes required for the Substituted Premises, including, without limitation, a change in advance; Tenant's Proportionate Share and (ii) the square footage of space amount the Minimum Monthly Rent to which Tenant is relocated ("Relocation Premises") equals or exceeds reflect the square footage change in the size of the Premises. In the event that Landlord delivers a Relocation Notice to Tenant, Tenant shall deliver to Landlord within two (2) business days of receipt thereof written notice ("Confirmation Notice") to Landlord confirming Tenant's receipt Substituted Premises effective as of the Relocation Notice and acknowledging the relocation date of the Premises to the Relocation Premises. In the event relocation; provided, however, that Landlord exercises its Landlord's right to move Tenant to a Relocation Premises, Landlord shall, at Landlord's sole cost and expense, (a) construct tenant improvements in the Relocation Premises which are substantially similar to the configuration of the tenant improvements in the Premises, taking any differences in configuration between the Premises and Relocation Premises into account; and (b) move Tenant's inventory, furniture and personal property to the Relocation Premises. Tenant shall provide Landlord with the current inventory or printing which is to be replaced. All printing to be done by a printer chosen by Bayshore Corporate Center. During the period of time commencing upon Tenant's receipt of the Relocation Notice and ending upon Tenant's receipt of the Completion Notice (as defined below), Tenant shall continue to conduct its business in the Premises to the maximum extent possible. In no event shall Tenant be entitled to, and Tenant hereby waives, any claim for abatement of Rent, loss of profits or any other amount due to Landlord's relocation of relocate Tenant to the Relocation PremisesSubstituted Premises or Tenant's obligation to move to the Substituted Premises is not conditioned upon the parties signing such amendment. There shall be no abatement of any rent payable hereunder on account of Tenant's relocation or any inconvenience or business loss caused to Tenant thereby.

Appears in 2 contracts

Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)

SUBSTITUTED PREMISES. In the event the Leased premises consist of less than five thousand (5,000) square feet, Landlord may relocate Tenant to any other space in shall have the Complex right, at any time during the term Term hereof, upon not less than ninety (90) days prior written notice to Tenant, to substitute for the Leased Premises such other space in the building as shall be substantially the same size as the Leased Premises ("THE SUBSTITUTED PREMISES"), provided that Landlord shall pay all expenses of tenant incidental to Tenant's relocation to the Substituted Premises and that Landlord shall improve the Substituted Premises for Tenant's use and occupancy at least to the same extent as the Leased Premises occupied by Tenant prior to such relocation. If Tenant does not agree to such relocation then Tenant shall give notice of termination of this Lease provided that: (i) Landlord provides Tenant with prior written notice thereof ("Relocation Notice") at least thirty (30) days in advance; and (ii) the square footage of space to which Tenant is relocated ("Relocation Premises") equals or exceeds the square footage of the Premises. In the event that Landlord delivers a Relocation Notice to Tenant, Tenant shall deliver to Landlord within two fifteen (215) business days of the notice of relocation. Upon receipt thereof written of such notice to termination, Landlord shall have fifteen ("Confirmation Notice"15) days to rescind notice of relocation. If landlord does not rescind the notice of relocation in writing to Tenant within such fifteen (15) day period, then the Lease will terminate on the date specified in notice of relocation. If tenant does not agree to such relocation then Tenant shall give notice of termination of this Lease to Landlord confirming Tenant's within fifteen (15) days of the notice of relocation. Upon receipt of the Relocation Notice and acknowledging the relocation of the Premises such notice to the Relocation Premises. In the event that Landlord exercises its right to move Tenant to a Relocation Premisestermination, Landlord shallshall have fifteen (15) days to rescind notice of relocation. If Landlord does not rescind the notice of relocation in writing to Tenant within such fifteen (15) day period, at Landlord's sole cost and expense, (a) construct tenant improvements then Lease will terminate on the date specified in the Relocation Premises which are substantially similar to the configuration notice of the tenant improvements in the Premises, taking any differences in configuration between the Premises and Relocation Premises into account; and (b) move Tenant's inventory, furniture and personal property to the Relocation Premises. Tenant shall provide Landlord with the current inventory or printing which is to be replaced. All printing to be done by a printer chosen by Bayshore Corporate Center. During the period of time commencing upon Tenant's receipt of the Relocation Notice and ending upon Tenant's receipt of the Completion Notice (as defined below), Tenant shall continue to conduct its business in the Premises to the maximum extent possible. In no event shall Tenant be entitled to, and Tenant hereby waives, any claim for abatement of Rent, loss of profits or any other amount due to Landlord's relocation of Tenant to the Relocation Premisesrelocation.

Appears in 1 contract

Samples: Office Lease (Zebu)

SUBSTITUTED PREMISES. 36. If the Demised Premises consists of 2,500 square feet or less, Landlord may relocate shall have the right at any time, upon giving Tenant not less than sixty (60) days' notice in writing, to provide and furnish Tenant with space elsewhere in the Building of approximately the same size as the Premises and to place Tenant in such space. The size of any substituted premises shall not differ from the size of the Premises by more than ten (10%) percent. If the total square footage of the new space should exceed the total of the original Premises, Tenant's Rent and Tenant's percentage of the Building share shall be increased proportionately. If, however, such total square footage shall be less, Tenant's Rent and Tenant's percentage of the Building shall be decreased proportionately. In the event of any such relocation of Tenant, Landlord shall pay the reasonable cost of Tenant's moving which are actually incurred, provided, however, Tenant shall not be entitled to any other space compensation for damages for any interference with or interruption of its business during or resulting from such relocation. If Tenant shall notify Landlord within ten (10) days of receipt of notice from Landlord as required above that Tenant does not want to relocate to the new space, Landlord may, at its option, cancel this lease by sending written notice thereof to Tenant, and upon the date specified in the Complex at any time during Landlord's notice the term of this Lease provided that: (i) shall expire as fully and completely as if such date were the date set forth above for the termination of this lease and there shall be no liability between the parties except such liability accruing up to the date of termination of this lease. If Landlord provides moves Tenant with prior written notice thereof (to such new space, this lease and each and all of its terms, covenants and conditions shall remain in full force and effect and be deemed applicable to such new space, and such new space shall thereafter be deemed to be the "Relocation Notice") at least thirty (30) days in advance; and (ii) the square footage of space to which Tenant is relocated ("Relocation Premises") equals or exceeds the square footage of the Premises. In the event that Landlord delivers a Relocation Notice to Tenant, Tenant shall deliver to Landlord within two (2) business days of receipt thereof written notice ("Confirmation Notice") to Landlord confirming Tenant's receipt of the Relocation Notice and acknowledging the relocation of the Premises to the Relocation Premises. In the event that Landlord exercises its right to move Tenant to a Relocation Premises, Landlord shall, at Landlord's sole cost and expense, (a) construct tenant improvements in the Relocation Premises which are substantially similar to the configuration of the tenant improvements in the Premises, taking any differences in configuration between the Premises and Relocation Premises into account; and (b) move Tenant's inventory, furniture and personal property to the Relocation Premises. Tenant shall provide Landlord with the current inventory or printing which is to be replaced. All printing to be done by a printer chosen by Bayshore Corporate Center. During the period of time commencing upon Tenant's receipt of the Relocation Notice and ending upon Tenant's receipt of the Completion Notice (as defined below), Tenant shall continue to conduct its business in the Premises to the maximum extent possible. In no event shall Tenant be entitled to, and Tenant hereby waives, any claim for abatement of Rent, loss of profits or any other amount due to Landlord's relocation of Tenant to the Relocation Premises.

Appears in 1 contract

Samples: Agreement of Lease (Falconstor Software Inc)

SUBSTITUTED PREMISES. Landlord may relocate shall have the right at any time, upon giving Tenant not less than sixty (60) days' prior notice in writing, to provide and furnish Tenant with space elsewhere in the Building (the "New Space") of approximately the same size as the Premises and to place Tenant in such space. If the total rentable square footage of the New Space should exceed the total of the original Premises, Tenant's Rent and Tenant's percentage of the Building share shall not be increased proportionately. If, however, such total rentable square footage shall be less, Tenant's Rent and Tenant's percentage of the Building shall be decreased proportionately. In the event of any such relocation of Tenant, Landlord shall pay for Tenant's reasonable moving costs including without limitation, new stationery, business cards, printing expenses, moving expenses, phone and utility transfer charges, computer system relocation, cabling, mailing announcements and reasonable advertising of the address of the New Space; provided, however, Tenant shall not be entitled to any other space compensation for damages for any interference with or interruption of its business during or resulting from such relocation. However, Landlord shall make reasonable efforts to minimize such interference. Landlord shall have the right to reasonably approve all contractors and vendors associated with Tenant' s relocation. If Tenant shall notify Landlord within twenty (20) days of receipt of notice from Landlord required above that Tenant does not want to relocate to the New Space, Landlord may, at its option, cancel this Lease by sending thirty (30) days written notice thereof to Tenant, and upon such date specified in the Complex at any time during Landlord's notice, the term of this Lease provided that: (i) shall expire as fully and completely as if such date were the date set forth above for the termination of this Lease and there shall be no liability between the parties except such liability accruing up to the date of termination of the Lease. If Landlord provides moves Tenant with prior written notice thereof (to such New Space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and be deemed applicable to such new space, and such new space shall thereafter be deemed to be the "Relocation Notice") at least thirty (30) days in advance; and (ii) the square footage of space to which Tenant is relocated ("Relocation Premises") equals . Landlord shall relocate or exceeds replace all of Tenant's leasehold improvements in the square footage Premises with leasehold improvements of equal or greater quality in the New Space. The layout of the New Space, including the ratio of windows to office space, shall be substantially similar to the Premises. In All construction and Tenant improvements in the event that New Space shall be substantially completed prior to relocation to the New Space. Landlord delivers a Relocation Notice shall use commercially reasonable efforts to Tenant, Tenant shall deliver to Landlord within two (2) business days of receipt thereof written notice ("Confirmation Notice") to Landlord confirming Tenant's receipt of the Relocation Notice and acknowledging perform the relocation of the Premises to the Relocation Premisesover a weekend. In the event that Landlord exercises its right to move Tenant to Rent shall xxxxx for any period of interruption of Tenant's operations as a Relocation Premises, Landlord shall, at Landlord's sole cost and expense, (a) construct tenant improvements in the Relocation Premises which are substantially similar to the configuration result of the tenant improvements in the Premises, taking any differences in configuration between the Premises and Relocation Premises into account; and (b) move Tenant's inventory, furniture and personal property to the Relocation Premises. Tenant shall provide Landlord with the current inventory or printing which is to be replaced. All printing to be done by a printer chosen by Bayshore Corporate Center. During the period of time commencing upon Tenant's receipt of the Relocation Notice and ending upon Tenant's receipt of the Completion Notice (as defined below), Tenant shall continue to conduct its business in the Premises to the maximum extent possible. In no event shall Tenant be entitled to, and Tenant hereby waives, any claim for abatement of Rent, loss of profits or any other amount due to Landlord's relocation of Tenant to the Relocation Premisesrelocation.

Appears in 1 contract

Samples: Lease (Tel Save Com Inc)

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SUBSTITUTED PREMISES. 36. If the Demised Premises consists of 2,500 rentable square feet or less, Landlord may relocate shall have the right at any time, upon giving Tenant not less than sixty (60) days' notice in writing, to provide and furnish Tenant with space elsewhere in the Building of approximately the same size as the Premises and to place Tenant in such space. The size of any substituted premises shall not differ from the size of the Premises by more than ten (10%) percent. If the total square footage of the new space should exceed the total of the original Premises, Tenant's Rent and Tenant's percentage of the Building share shall be increased proportionately. If, however, such total square footage shall be less, Tenant's Rent and Tenant's percentage of the Building shall be decreased proportionately. In the event of any such relocation of Tenant, Landlord shall pay the reasonable cost of Tenant's moving which are actually incurred, provided, however, Tenant shall not be entitled to any other space compensation for damages for any interference with or interruption of its business during or resulting from such relocation. If Tenant shall notify Landlord within ten (10) days of receipt of notice from Landlord as required above that Tenant does not want to relocate to the new space, Landlord may, at its option, cancel this lease by sending written notice thereof to Tenant, and upon the date specified in Landlord's notice thereof to Tenant, and upon the Complex at any time during date specified in Landlord's notice the term of this Lease provided that: (i) Landlord provides Tenant with prior written notice thereof ("Relocation Notice") at least thirty (30) days in advance; shall expire as fully and (ii) completely as if such date were the square footage date set forth above for the termination of space to which Tenant is relocated ("Relocation Premises") equals or exceeds this lease and there shall be no liability between the square footage of the Premises. In the event that Landlord delivers a Relocation Notice to Tenant, Tenant shall deliver to Landlord within two (2) business days of receipt thereof written notice ("Confirmation Notice") to Landlord confirming Tenant's receipt of the Relocation Notice and acknowledging the relocation of the Premises parties except such liability accruing up to the Relocation Premisesdate of termination of this lease. In the event that If Landlord exercises its right to move moves Tenant to a Relocation Premisessuch new space, Landlord shallthis lease and each and all of its terms, at Landlord's sole cost covenants and expenseconditions shall remain in full force and effect and be deemed applicable to such new space, (a) construct tenant improvements in the Relocation Premises which are substantially similar to the configuration of the tenant improvements in the Premises, taking any differences in configuration between the Premises and Relocation Premises into account; and (b) move Tenant's inventory, furniture and personal property to the Relocation Premises. Tenant such new space shall provide Landlord with the current inventory or printing which is thereafter be deemed to be replaced. All printing to be done by a printer chosen by Bayshore Corporate Center. During the period of time commencing upon Tenant's receipt of the Relocation Notice and ending upon Tenant's receipt of the Completion Notice (as defined below), Tenant shall continue to conduct its business in the Premises to the maximum extent possible. In no event shall Tenant be entitled to, and Tenant hereby waives, any claim for abatement of Rent, loss of profits or any other amount due to Landlord's relocation of Tenant to the Relocation "Premises."

Appears in 1 contract

Samples: Agreement of Lease (Allion Healthcare Inc)

SUBSTITUTED PREMISES. Notwithstanding any contrary provision of this Lease, if Landlord may relocate Tenant requires the Premises for use in connection with another suite or for other reasons related to any other space in Landlord’s occupancy plans for the Complex Building, then at any time during the term of this Lease provided that: (i) Term Landlord provides shall have the right, upon providing Tenant with prior written notice thereof ("the “Relocation Notice") at least thirty (30) days ”), to provide and furnish Tenant with space elsewhere in advance; and (ii) the square footage of space Building comparable to which Tenant is relocated ("Relocation Premises") equals or exceeds the square footage of the Premises. In the event that Landlord delivers a Relocation Notice to Tenant, Tenant shall deliver to Landlord within two (2) business days of receipt thereof written notice ("Confirmation Notice") to Landlord confirming Tenant's receipt of the Relocation Notice and acknowledging the relocation of the Premises to the Relocation Premises. In the event that Landlord exercises its right and to move and place Tenant to a Relocation Premises, Landlord shallin such new space, at Landlord's ’s sole cost and expense. Such space shall be approximately the same size as the existing Premises and shall be improved by Landlord prior to Tenant’s relocation with leasehold improvements comparable to those in the existing Premises. However, if the new space does not meet with Tenant’s reasonable and good-faith approval, Tenant may cancel this Lease upon written notice to Landlord, which notice must be received by Landlord within ten (a10) construct tenant improvements days after delivery to Tenant of the Relocation Notice, and, unless Landlord withdraws its request that Tenant relocate, this Lease shall terminate sixty (60) days thereafter (as if such date were the natural expiration of the Term hereof) and neither party shall have any further rights or obligations hereunder. Tenant’s failure to timely deliver notice to Landlord of Tenant’s election to cancel this Lease shall be deemed an acceptance by Tenant of the new space set forth in the Relocation Premises which are substantially similar to the configuration of the tenant improvements in the Premises, taking any differences in configuration between the Premises and Relocation Premises into account; and (b) move Tenant's inventory, furniture and personal property to the Relocation Premises. Tenant shall provide Landlord with the current inventory or printing which is to be replaced. All printing to be done by a printer chosen by Bayshore Corporate Center. During the period of time commencing upon Tenant's receipt of the Relocation Notice and ending upon Tenant's receipt of the Completion Notice (as defined below), Tenant shall continue to conduct its business in the Premises to the maximum extent possible. In no event shall Tenant be entitled toNotice, and Tenant hereby waives, shall vacate the Premises in accordance with said notice and/or the terms of any claim for abatement of Rent, loss of profits or any other amount due subsequent notice from Landlord to Landlord's relocation of Tenant. If Landlord moves Tenant to such new space, then this Lease and each and all of the Relocation Premisesterms, covenants and conditions hereof shall remain in full force and effect and be deemed applicable to such new space except that a revised Exhibit “A” showing the location of the new space shall become a part of this Lease and Landlord and Tenant shall promptly thereafter execute an amendment to this Lease containing such revised Exhibit “A” and with the Basic Terms of this Lease, as contained in Article 2, amended, if necessary, to include and state all correct data as to the new space.

Appears in 1 contract

Samples: Office Lease (Compumed Inc)

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